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Asked on September 19, 2016 under Employment Labor Law, Nevada
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Non-exempt salaried does not entitle you to lunch breaks, but a non-exempt salaried employee *does* get overtime if he or she works more than 40 hours in a week. A salaried employee can be nonexempt because he/she doesn't earn enough (currently, $47,476/year) or because his/her job duties don't meet one of the tests (like the "executive"--which really should be called the "managerial" test, because it applies to non-executive managers, too--or admininstrative employee test) for overtime, which can be found on the U.S. Dept. of Labor website.
If a salaried employee is nonexempt and gets overtime, it is calculated this way (slightly oversimplified): divide weekly salary by the normal workweek hours (e.g. 40); say that someone earns $800 per week for a 40-hour week, then his/her effective hourly rate is 800/40 or $20/hour. For each hour over over 40 he/she works that week, he/she will get an additional 50% of the effective hourly rate, so an extra $10. So if this employee worked 45 hours in a week, he/she would get an extra 5 x $10, or $50 for the week.
If an employer did not pay overtime when it should, the employee could contact the state or federal dept. of labor to file a complaint and could potentially get the back overtime he/she should have gotten (and can prove; e.g. with time sheets, etc.) for the last 2 years.
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